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(영문) 창원지방법원거창지원 2017.05.16 2016가단11214
근저당권말소
Text

1. The defendants received KRW 130 million from defendant CD, and each of them listed in the attached list to D after they received KRW 130 million.

Reasons

1. Basic facts

A. On May 9, 2003, D obtained a loan of KRW 20 million from the National Agricultural Cooperative Federation Joint Military Branch (FFF). On the same day, D entered into a credit guarantee agreement with D as to the above loan of KRW 20 million and the period of two years. On February 7, 2006, D on the ground that D did not pay the above loan, the Plaintiff paid the remainder of KRW 10,272,690 by subrogation to the National Agricultural Cooperative Federation Joint Military Cooperative Federation Branch.

On July 21, 2011, the Plaintiff filed an order with the Changwon District Court 201j216 to pay the amount of subrogated payment and its delay damages against D, the Changwon District Court 201j216, and issued a payment order with the purport that “D shall pay to the Plaintiff 18,427,894 won, its 10,272,690 won, its 5% per annum from May 7, 2011 to July 28, 201, and 20% per annum from the next day to the day of full payment.” The above payment order was finalized on August 12, 2011.

B. As of December 15, 2016, the Gohap-ho Agricultural Cooperative has a claim of KRW 76,322,164 against D as of December 15, 2016, and the Gohap-ho Agricultural Cooperative holds a claim of KRW 3,253,605 against D as of January 17, 2017.

B. D is the owner of each real estate listed in the separate sheet (hereinafter referred to as “instant land” and “instant building”, and each of the above real estate is collectively referred to as “each of the instant real estate”). The assessed individual land price as of January 1, 2016 is KRW 34,520,400, and on that ground, there was the instant building, which was a wooden flag and a roof cross-unit house approved for use on April 25, 1974. However, D removed the instant building from around 201, around 200, about approximately 20, and about 15,000, about 25,000,000, and was newly constructed, but failed to obtain approval for use due to a conflict with the Building Act.

D Name of January 1, 2017

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